N.R.Krishnasamy v. Jothi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-12-2025
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR and C.M.P.No.31407 of 2025
1. N.R.Krishnasamy S/o. Rangappa Gounder, Res. at Nanjappagoundenpudur, Konamoolai Village, Sathyamangalam Taluk, Erode District.
2. Kanagaraj S/o. N.R.Krishnasamy, Res. at Nanjappagoundenpudur, Konamoolai Village, Sathyamangalam Taluk, Erode District.
..Petitioner(s) Vs
1. Jothi W/o. Ranganathan, No. 2/72A, Nanjappagoundenpudur, Konamoolai Village, Sathyamangalam Taluk, Erode District.
2. Sakthivel S/o. N.R.Krishnasamy, Res. at Nanjappagoundenpudur, Konamoolai Village, Sathyamangalam Taluk, Erode District.
..Respondent(s)
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the Fair and final Order dated 08.07.2025 Made in I.A.No. 11 of 2025 in O.S. No. 19 of 2021 on the file of the Learned District Munsif Court, Sathyamangalam.
For Petitioner(s):
Mr.N.S.Suganthan
O R D E R
This Civil Revision Petition is filed challenging the order passed by the District Munsif Court dismissing the application filed seeking appointment of an Advocate Commissioner to note down the physical features with regard to water channel and source of water for the suit property. 2.The 1st respondent/plaintiff filed a suit for fixing the western boundary for the suit property situated in Survey No.93/1. She also sought for an injunction restraining the petitioners/defendants from interfering with her right to enjoy the suit property by putting a fence on the western side or otherwise. The trial in the suit has already commenced and it is in the stage of P.W.1 cross. The instant application has been filed by the petitioners/defendants 1 and 3 seeking appointment of an Advocate Commissioner to note down the physical features pertaining to source of water for the plaintiff. The suit is not in respect of dispute regarding irrigation rights or source of water. The suit has been laid
for fixation of western boundary of the suit property. The plaintiff also sought for bare injunction. It is for the plaintiff to prove her alleged possession over the suit property. In such circumstances, the application filed by the petitioners seeking appointment of Advocate Commissioner to note down the physical features pertaining to source of water are not at all necessary to decide the application. I do not find any error in the order of the Trial Court as the Trial Judge has rightly dismissed the application.
3.Accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 15-12-2025 Index: Yes/No Speaking/Non-speaking order GSA To The District Munsif, Sathyamangalam.
S.SOUNTHAR, J.
GSA and C.M.P.No.31407 of 2025 15-12-2025